This bill amends the Nebraska Revised Statutes to enhance the legal framework surrounding offenses related to skimmer devices and continuing criminal enterprises in financial crimes. It introduces new definitions, such as "skimmer device," which refers to electronic devices that capture data from financial transaction devices. The bill outlines specific unlawful activities associated with the installation and use of these devices on automated banking machines and point-of-sale terminals, establishing penalties that range from Class IIA felonies to Class II misdemeanors based on the value of money or property obtained. Additionally, it allows for the aggregation of values from multiple offenses for classification purposes and defines "continuing criminal enterprise" in relation to financial transaction offenses, including provisions for property forfeiture linked to these violations.

Moreover, the bill modifies existing laws regarding intervention and property forfeiture in criminal cases, particularly those involving child pornography offenses. It allows individuals or entities with a claimed legal interest in the property to petition the district court to demonstrate their interest and lack of knowledge about the property's use in facilitating a covered offense. The bill introduces new legal language that clarifies the petition process, mandates an evidentiary hearing within thirty days, and adjusts the burden of proof for the prosecuting authority to require clear and convincing evidence regarding the property's connection to the offense. It also specifies conditions for returning property to rightful owners and streamlines the legal framework by repealing outdated sections of existing law.

Statutes affected:
Introduced: 28-101, 28-618, 28-1601, 28-1602